Manut Madut Anei Machot v Grace Wangari Kimani [2021] KEELC 2963 (KLR)
The bottom line
#The Environment and Land Court dismissed a tenant's eviction case because controlled tenancy disputes must go to Kenya's Business Premises Rent Tribunal, not the court.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over a controlled tenancy dispute
The ELC has no jurisdiction to determine matters arising out of termination of controlled tenancies; such disputes belong to the Business Premises Rent Tribunal under Section 11 of Cap 301.
The tenancy between the parties was created by a written tenancy agreement dated 5th March 2020. Applying the definition of 'controlled tenancy' in Section 2(1) of Cap 301, the court found the tenancy was a controlled tenancy. Relying on the Owners of Motor Vessel 'Lilian' principle, the court held it had to down tools once it found it lacked jurisdiction, and upheld the preliminary objection.
Temporary injunction threshold (obiter)
Even assuming jurisdiction, the applicant would have failed because he did not prove he had fulfilled his obligation to pay rent.
The court set out the Giella v Cassman Brown principles as the guide had jurisdiction existed. It was incumbent on the plaintiff to prove he had paid rent as and when it fell due; he adduced no evidence in support of his averments and therefore failed to establish a prima facie case with a probability of success.
Legal principles established
#- A court must halt proceedings the moment it finds it lacks jurisdiction.
- Disputes concerning controlled tenancies under Cap 301 fall within the exclusive jurisdiction of the Business Premises Rent Tribunal.
Court orders
#- 1.The preliminary objection dated 9th December 2020 is upheld.
- 2.The Notice of Motion dated 29th October 2020 and the entire suit are dismissed with costs to the defendant/respondent.
- Jurisdiction invoked
- Section 13(4) of the Environment and Land Court Act and Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Manut Madut Anei Machot v Grace Wangari Kimani [2021] KEELC 2963 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2963/eng@2021-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.